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Home My WebLink About20140115.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -JOHN AND BILLIE MARTIN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and John and Billie Martin, 20171 CR 49, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and John and Billie Martin be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ''.424,,, Co--'//20 7 ,�F(0� S.,,a. v✓O4: LAC Dougl adem , hair Weld County Clerk to the Board /� � /Barrrbaaraa Kirkmeyer, ro-Tem / BY. Deputy CI to he Board/ Q P. Conway APP D A RM: Iasi O 77 Free ttorney >. William . Garcia Date of signature: JAN 2 2 2014 2014-0115 EG0070 t Afr 1861 liT E 1� MEMORANDUM coN_T Y TO: Clerk to the Board DATE: January 6, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right-of-Way for Improvements to WCR 49 with John Martin and Billie Martin. MAFrancie\AGENDA memos\AyendaLeon-I.docx 2014-0115 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN JOHN MARTIN AND BILLIE MARTIN AND WELD COUNTY, COLORADO u THIS AGREEMENT is made this /3— day ofja n112 rte ,201 y,by and between John R. Martin and Billie L. Martin, whose address is 20171 Weld County Road 49, LaSalle, Colorado 80645, hereinafter referred to as"Owner,"and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit"A" (hereinafter referred to as "Public Road Right-of-Way Area"), and WHEREAS,County finds it necessary to rebuild and improve Weld County Road 49,which will involve said road's realignment and construction,(hereinafter referred to as"Road Improvement Project"), and WHEREAS,County requires said Public Road Right-of-Way in order to complete said Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project. NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit"A"(a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand and no/100 Dollars, ($3,000.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Public Road Right-of-Way and will defend title thereto against all claims. 3. Owner agrees to grant the Public Road Right-of-Way to County by Deed of Dedication, free and clear of all liens and encumbrances,except existing easements. 4. Owner shall retain the mineral estate under the Public Road Public Road Right-of- Way, including all oil and gas interests, and shall also retain any water rights Agmt for Purchase of ROW-Immed Possession Before Transfer Page I 3989846 Pages: 1 of 6 01/14/2014 10:44 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell M!�1� M + Irh4'I�iti'h+',�F�?iR "I III LYON-O/% currently attached to or associated with the Right-of-Way. 5. Owner shall deliver the fully executed Deed of Dedication to County upon the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 6. Owner shall pay any encumbrance associated with the Public Road Right-of-Way which is required to be paid, including, but not limited to, a prorated amount of the property taxes,and any past due property taxes, (and interest and penalties thereon), on or before the date of the transfer of title, when Owner delivers the Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way. 7. Owner shall remove the existing ten trees that are in the right of way prior to the beginning of construction of this segment of the roadway. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way. 2. County shall pay all fees associated with recording the Deed of Dedication. 3. The parties agree that County shall pay Owner for the Public Road Right-of-Way by County warrant at the date of the transfer of title. 4. County shall reimburse the owner the sum of Four Thousand Fifty and no/100 dollars ($4,050.00) for the removal and replacement of 668 If of vinyl and wire fence. 5. County shall reimburse the owner the sum of Nine Thousand Eight Hundred Eighty and no/100 dollars($9,880.00)for the removal and replacement of the existing trees. 6. County shall reimburse the owner the sum of One Thousand Six Hundred Five and no/100 dollars ($1,605.00) for the relocation of a flag pole and lighted Christmas tree, electrical wiring and gravel driveway. MISCELLANEOUS: 1. Although the date of the transfer of title for the Right-of-Way shall be the date of the delivery of the Deed of Dedication, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, Agmt for Purchase of ROW-Immed Possession Before Transfer Page 2 3989846 Pages: 2 of 6 01/14/2014 10:44 in R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO 1111 Ir1 .1 alid •!I !I '.�N�tE'�I�YI'+hIIIII agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Public Road Right-of-Way for the purpose of constructing the Road Improvement Project and for its daily operation,access and maintenance. This conveyance shall entitle County to utilize said property for the construction,operation,access,repair and maintenance of said project,including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right-of-Way as may be useful and necessary. 2. This Agreement and the transfer of the Public Road Right-of-Way made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors,administrators,successors, and assigns. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of ROW—Immed Possession Before Transfer Page 3 3989846 Pages: 3 of 6 01/14/2014 10:44 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III RIFJ Ilh:11i'I M'INi iNIVI' trilli lid II III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. JOHN R. MARTIN BILLIE L. MARTIN )1-14 IC •0/71(1 )c- (t17.7f-. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a e giu , c- kr Doug s Rade acher, Chair Weld County Clerk to the Board JAN 1 3 2014 B ELa Y• Deputy Cl •k to the Board 1861 Agmt for Purchase of ROW-Immed Possession Before Transfer Page 4 3989846 Pages: 4 of 6 01/14/2014 10:44 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO LIMVP.VISAI W II III aoiy-airs EXHIBIT-A SE 1/4 S24-T4N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2249307 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30.00 FEET OF THE EAST 70.00 FEET OF THE NORTH 660.00 FEET OF THE SOUTH 1320.00 FEET. SAID PARCEL CONTAINS 19,800.00 sf. OR 0.46 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS , PLS 23520 `-;.,. ea �C ••. i fl 44O • 3989846 Pages: 5 of 6 01/14/2014 ena 10:4Cle4 AMtl R Fee:$0. 0Stevtl Coun[v. CO hy' r,41FKI�'�v�3F+�yY4+} �I III RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION 1 ► ,. I 1\ WCR 49 CORRIDOR PROJECT MARTIN • r TY20171 WCR 49 PROJECT NO: SRP-26 SCALE: UNWELD COUNTY,COLORADO I DATE: 1-3-14 DRAWN BY: JHB SHEET: 1 oft EXHIBIT-A SE I/4 S24-T4N-R65W W 1/4 COR S24-T4N-R65W ' 324-7T4h-R6J53' EXISTING 40' R.O.W.I BK-1046/PG-461 ' RECP.#820478-.2-�40' Or JUNE 20, 1939 I BROOMF ELD :40'1--N-EXISTING 40' R.O.W. I BK-1046/PG-2 RECP#819282 JUNE 7, 1939 I I I I Ft ICI RIGHT—OF—WAY ACQUIRED • I I 19,800.00 sf. OR 0.46 ac.t I 30' 0— JOHN R. MARTIN & I ' BILLIE L. MARTIN I b PARCEL#105524000025 1OCITY OF in11•401 RECP.#2249307 I BROO4FPELD 00111 J� III J41/ , r,; HUT I 1 SLV LJ 3/9-T-1X-RG1LV 1 I I I RAMOS I 1 COX ICI 4 I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. SE COR I I IT IS INTENDED TO ILLUSTRATE THE 524-T4N-R65W ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY � � WELD COUNTY DEPARTMENT 1861cC". OF PUBLIC WORKS ACQUISITION - WCR 49 CORRIDOR PROJECT MARTIN • I/ IWI N -f PROJECT N0: SRP-26 SCALE: 1"=200 20171 WCR 49 GE k.,1 G _� WELD COUNTY,COLORADO DATE: 1-3-14 DRAWN BY: MB SHEET: 2 of 2 3989846 Pages: 6 of 6 01/14/2014 10:44 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County., CO ��4�1rWhN'I ii I r'II�vL'k�'St+rl�Y�AII� N'�LI4�ILi"il 11111 ,4)„,1§2S, 1 j 1 MEMORANDUM G O_U N T Y TO: Clerk to the Board DATE: February 14, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Reference: Agreement Doc#2014-0115 Deed of Dedication for Public Road Right-of-Way with John R. Martin and Billie L. Martin. M\Fnnci&AGENDA SAgend.L�-t.a«. eC ,& ?) (Leon) ConctAA-cA Ada, 3.4-i4 • GOO —ais c2- ati• aoiy EfOO90 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this /'( day of rj. , 2014, between John R. Martin and Billie L. Martin, "Grantor"whose legal address is 20171 Weld County Road 49, LaSalle, Colorado 80645, and the County of Weld,a body corporate and politic of the State of Colorado,through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of Three Thousand, and no/100 ($3,000.00)the receipt and sufficiency of which is hereby acknowledged, does,pursuant to Colorado Revised Statute§43-2-201(1)(a),hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of-Way,free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit"A" EXCEPTING existing easements of record, and RESERVING unto Grantors the mineral estate under said property,including oil,gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the Public Highway. ir11i�! n, krti o L�;la( John R. Martin, Owner Billie L, Martin, Owner ;PP/ - -�� Date Date STATE OF COLORADO ) JACQI UNEHERNANDEZ-BARRo1N NOTARY PUBLIC STATE 20134051237 COUNTY OF WELD ) ss. WY C0MM0 COLORADO NOTARN z201 The foregoing instrument was acknowledged before me this /A/ day of r , w,/ , 2014,, by John R. Martin and Billie L. Martin, Owners. c Witness my hand and official seal. WLtsJ o Pu lic My commission expires: /Z 701 , - 7 Deed of Dedication Page 1 3998974 Pages: 1 of 4 02/28/2014 10:29 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 111111)PArmawaimiu f inLi iliMiWiii 11111 a... ACCEPTANCE The County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right-of-Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). l�Y Dated this o?? day of eAa O , 201 1. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATT T: O C r j � Jdo;ck �,^ugl Rade 'cher, Chair 11.4® FEB 2 4 2014 Weld County Clerk to the Board Wr ., BY. 6/! i. / ./ _ teti1/42 Deputy Clerk to the Board % ! . e2 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this a/ day of kt'ilurui , 2014 , by'>91„RiamachinChair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. RAFAELA AUCIA MART,NEZ • NOTARY PUBLIC w•f ) aw uq)p STATE OF COLORADO o Public NOTARY ID 20144002876 MY 0JANISSI0N EW1RES JANUARY 22,201S My commission expires: d aa, pole Deed of Dedication Page 2 3998974 Pages: 2 of 4 02/28/2014 10:29 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co �uiM��ln�r�«ri 11111 c7oi1/- D//s • EXHIBIT-A SE 1/4 S24-T4N-R65W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2249307 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30.00 FEET OF THE EAST 70.00 FEET OF THE NORTH 660.00 FEET OF THE SOUTH 1320.00 FEET. SAID PARCEL CONTAINS 19,800.00 sf. OR 0.46 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS ��" „Gs. PLS 23520 cQ: IF • t J 2.5520\ I •. .. 3998974 Pages: 3 of 4 02/28/2014 10:29 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII k/�111rtH kjrli61k�'t��4��lh�h�',3�WI.�ht Y'1W, Bill RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION X86' OF PUBLIC WORKS , I j r:• WCR 49 CORRIDOR PROJECT MARTIN ��0 N - PROJECT NO: SRP-26 SCALE: 20171 WCR 49 WELD COUNTY,COLORADO DATE: 1-3-14 DRAWN BY: JHB SHEET: 1 oft I. EXHIBI T-A SE 1/4 S24-T4N-R65W W 1/4 COR '1 SE t! S24-T4N-R65W ' I 524-T 4 S-R65W I EXISTING 40' R.O.W.I BK-1046/PG-461 ' ' RECP.#820478-N-I40' CITY OF JUNE 20, 1939 I BROOMFIELD 1 :40"fEXISTING 40' R.O.W. BK-1046/PG-2 RECP#819282 • JUNE 7, 1939 I t IC• RIGHT—OF—WAY ACQUIRED _ • I 19,800.00 sf. OR 0.46 ac.± 30'y rei- I JOHN R. MARTIN & o I I io BILLIE L. MARTIN PARCEL#105524000025 '� CITY F RECP.#2249307 k I BROO F LD I °. °° IS C/,, SI - > I - I = E� 2.351e tI e e I /, ^lam f • �`4„ ,S! v / ONAL � � ' "utnn SW 14 SO-14\4264W I RAMOS • COX III NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. Cr COR IT IS INTENDED TO ILLUSTRATE THE S24—T4N—R65W e ' ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION �861 OF PUBLIC WORKS j rDI � ! - 1 WCR 49 CORRIDOR PROJECT MARTIN -- ._' r PI .- - PROJECT NO: SRP-26 SCALE: I"=200 20171 WCR 49 n U N T Y 3998974 Pages: 4 of 4 DATE: 1-3-14 DRAWN BY: JHB SHEET: 2of2 02/28/2014 10:29 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO l IIIIVIIIr�i� ICIALIWUJILDFhl 'fiFleul Ill III Hello